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Employment
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
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May 08, 2025
Listen: Prison Wages Debate Evolving With Petitions Pending
The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is set to continue to develop. Listen to Law360 Explores: Subminimum Wage Part 2.
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May 08, 2025
Financial Co. Says Ex-Reps Poached Clients For New Venture
A wealth management firm has filed suit in Georgia federal court against two former employees who allegedly stole its confidential information, including client lists, to unlawfully solicit clients to transfer roughly $90 million in assets to their new business.
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May 08, 2025
Key Question In Inmates' Wage Fight: Are They Employees?
Despite a growing body of case law laying out a blueprint for determining whether incarcerated workers are employees — which would legally entitle them to minimum wage and other protections — there is no definitive way to classify workers behind bars.
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May 08, 2025
Wayfair Beats Software Engineer's Age Bias Suit
A Massachusetts state jury has cleared Wayfair in a discrimination case brought by a 53-year-old software engineer who was terminated in the early months of the pandemic after he requested flexibility to care for his school-age children.
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May 08, 2025
Atty Says Imprisoned Clients' Meager Pay Part Of Bigger Issue
Sonia Kumar has spent her 17-year legal career representing people who have spent decades behind bars in Maryland prisons. As a senior staff attorney with the American Civil Liberties Union, Kumar has fought for racial justice and combated abuses within the prison system.
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May 08, 2025
Congressman Wants Another Shot At Incarcerated Wages Bill
While courts grapple with whether incarcerated workers are employees under the Fair Labor Standards Act and thus entitled to minimum wage and other protections, congressional Democrats plan to make another attempt to update the statute to answer that question.
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May 08, 2025
Ind. Allows Credit For Taxes Paid On Behalf Of Pass-Throughs
Indiana authorized electing pass-through entities to claim a credit for taxes paid on their behalf under a bill signed by the governor.
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May 08, 2025
Landry's To Pay Iranian Server $95K In EEOC Harassment Suit
Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.
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May 08, 2025
NC Ophthalmologist Owes Ex-Partner Office Building Cash
The North Carolina Business Court has ruled that an ophthalmologist who agreed to buy out his former business partner's share of their practice must pay the former partner 36% of the value of their office building under the terms of their confidential settlement agreement.
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May 08, 2025
Full DC Circ. Restores International Media Funding, For Now
The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.
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May 08, 2025
6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits
The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.
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May 08, 2025
Buffalo Wild Wings Job Apps Violate Ill. Privacy Law, Suit Says
Buffalo Wild Wings and its corporate parent have been hit with a proposed class action from two Illinois residents alleging the chain is violating a state privacy law by probing applicants' family medical histories as part of its employment considerations.
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May 08, 2025
Pa. Jury Awards $165K To Teachers In Equal Pay Suit
A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.
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May 08, 2025
Ga. Mortgage Co. Can Arbitrate Loan Processor's OT Claims
A loan processor manager's suit claiming a mortgage lender unlawfully considered her overtime-exempt will go to arbitration, a Georgia federal judge ruled, saying the company didn't waive its right to arbitrate and that the arbitration clause keeps her suit out of court.
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May 08, 2025
DOJ Civil Rights Appellate Leader Joins Crowell & Moring
Crowell & Moring LLP hired the acting deputy chief of the Justice Department's Civil Rights Division's Appellate Section as a senior counsel who will be based in Washington focusing on a range of higher education matters, the firm announced Thursday.
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May 08, 2025
Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod
Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.
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May 08, 2025
Atty Says SC Firm Owes Triple Damages For Not Paying Her
A South Carolina law firm failed to pay an attorney her earned wages during several pay periods until she got her own lawyers involved, she told a federal court, saying the firm should be put on the hook for triple damages and attorney fees.
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May 08, 2025
Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case
A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.
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May 07, 2025
DOJ Drops Bias Claims Over NY Fire Dept. Hiring Practices
The U.S. Department of Justice dropped its claims on Wednesday in long-running federal litigation against New York City over allegedly discriminatory hiring practices against minority firefighter applicants, two weeks after President Donald Trump signed an executive order that seeks to end disparate impact as a theory of liability for unlawful discrimination.
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May 07, 2025
BNSF Fired Conductor For Seeking Injury Payment, Suit Says
BNSF Railway Co. has been hit with an employment retaliation suit in Washington federal court by a former conductor who claims he was wrongfully fired based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.
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May 07, 2025
Illinois Seeks Exit From Suit Over Demographic Data Law
Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
Southwest Says Union Deal Makes Sick Leave Suit Irrelevant
Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.
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May 07, 2025
NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC
A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.
Expert Analysis
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Opinion
Trump Should Pass On Project 2025's Disparate Impact Plan
The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.